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2021 Supreme(Ori) 200

S.PUJAHARI
Babuli Rout – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
M/s. Susanta Ku. Mishra, S.K. Lenka, S.K. Joshi, Advocates, for the Appellant; Addl. Standing Counsel (For O.P.No.1), Mr. Debashis Panda, Advocate, for the Respondent.

ORDER

1. This is an application filed under Section 482 of Cr.P.C. seeking for quashing of the proceeding in I.C.C. No.60 of 2018 and the order of cognizance dated 07.01.2019 passed therein by the learned Gram Nyayadhikari-cum-J.M.F.C., Odagaon.

2. Heard the learned counsel for the parties and perused the relevant papers on record vis-a-vis the impugned order.

3. Background facts may be stated in precision as follows:-

    The opposite party no.2 herein lodged a written report with police on 19.06.2018 alleging, inter-alia, that the petitioner no.1 on giving a marriage proposal to her continued love affairs with her for a period of about two years, and that on 29.03.2016 while she was alone at her home, the petitioner no. 1 came to her house and on giving promise of marriage committed sexual intercourse on her and thereafter he left for his place of service, and at that point of time he had presented to the opposite party no.2 a SIM card, his one photograph and one handkerchief, and thereafter he remained in contact with her over phone and raised protest whenever a marriage proposal came to her from any other source. It was further alleged by the opposite party no.2 vide the said report (F

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